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YORKE v. N.L.R.B.

No. 82-1334.

709 F.2d 1138 (1983)

Nathan YORKE, Trustee in Bankruptcy, the Seeburg Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Warehouse, Mail Order, Office, Professional and Technical Employees Union, Local 743, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 1983.

Rehearing and Rehearing Denied August 26, 1983.

Attorney(s) appearing for the Case

Malcolm M. Gaynor, Schwartz, Cooper, Klob & Gaynor, Chicago, Ill., for petitioner.

Corinna L. Metcalf and Elliott Moore, Washington, D.C., for respondent N.L.R.B.

Stephen B. Rubin, Chicago, Ill., for intervenor.

Before CUDAHY, COFFEY and TIMBERS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 26, 1983.

TIMBERS, Circuit Judge.

Nathan Yorke, Trustee in Bankruptcy of the Seeburg Corporation (Company),1 petitions for review of an order of the National Labor Relations Board, 259 N.L.R.B. 819 (1981), finding that the Trustee violated §§ 8(a)(5) and 8(a)(1) of the National Labor Relations Act (Act), 29 U.S.C. §§ 158(a)(5), 158(a)(1) (1976), by failing to bargain...

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